Goldberg v Voigt

The plaintiff in this case sought an interim injunction under section 46 of the District Court Act 1973 (NSW) and District Court Civil Practice Note 6 (Defamation List), paragraph 9, requesting that the defendant remove certain defamatory material from the internet. The dispute arose from comments posted by the defendant on a social media platform, which the plaintiff alleged were defamatory. The case was heard in the District Court of New South Wales.

The court was required to determine whether the balance of convenience favoured the plaintiff in this interim injunction application. The central issue was whether the plaintiff's right to protect their reputation outweighed the defendant's right to freedom of expression and the public interest in open discussion. The court considered the irreparability of harm, the strength of the plaintiff's case, and the impact of the injunction on the defendant's rights.

The court found that the balance of convenience did not favour the plaintiff. While the plaintiff's reputation was at stake, the court considered the public interest in open discussion and the defendant's right to freedom of expression. The court determined that the defamatory material was not so egregious that it necessitated immediate removal. The court also noted that the defendant, as a litigant in person, might require legal assistance, and thus referred her to the registrar for potential legal aid.

The court refused the plaintiff's application for an interim injunction and ordered that the defendant be referred to the registrar for possible legal aid. The matter was stood over for further directions on the Defamation List.